2 Ohio officers charged with reckless homicide in death of Black man in police custody

By Eric Levenson, CNN

(CNN) — Two police officers in Canton, Ohio, were indicted on charges of reckless homicide in the death of Frank Tyson, a Black man who was restrained by police in April, Stark County prosecutor Kyle L. Stone said on Saturday.

Officers Camden Burch and Beau Schoenegge were booked into the Stark County Jail on Friday, according to CNN affiliate WOIO.

Stone said the state Bureau of Criminal Investigation completed its investigation of Tyson’s death and delivered the results to the prosecutor’s office, and Stone then presented the case to a grand jury last week.

“No one is above the law, and no one is so far below it that they don’t deserve its protections,” Stone said.

Reckless homicide is a third-degree felony and is punishable by up to 36 months in prison.

The arrests come more than six months after Tyson, 53, died following an April 18 police encounter during which he repeatedly pleaded, “I can’t breathe.”

Jay McDonald, the president of the Fraternal Order of Police of Ohio, the union that represents Canton Police, responded to the arrests in a comment to CNN.

“We urge people to give these officers the same rights as the people they arrest. They are innocent until proven guilty,” he said. “Even more so, we cannot second guess their actions – the United States Supreme Court requires that cases involving police don’t rely on 20/20 hindsight but rather focus on what the officers saw and how they acted based on their training and rules of engagement.”

In a news conference, Tyson’s family and their attorneys offered mixed reactions to the charges.

“It‘s not the win that we were looking for, but still just like the indictment was unexpected, we‘re going to take this small win and build upon it,” John Tyson, Frank’s brother, told CNN affiliate WOIO.

“Now we know who the bad guy is, and it wasn’t Frank,” family attorney Bobby DiCello said.

Bodycam video shows final moments

The incident began after Tyson crashed a vehicle into a utility pole and fled to a nearby veteran’s hall, according to a news release from the Canton Police Department.

Police body-camera footage shows the officers approaching Tyson, who shouted to call the sheriff and said “They’re trying to kill me.” Officers forced Tyson to the ground and put him in handcuffs, and an officer placed his knee on or near Tyson’s neck while he was on his stomach, according to bodycam video of the interaction.

“I can’t breathe,” Tyson said repeatedly.

“You’re fine,” one officer responded. “Shut the f**k up.”

Five minutes after he stopped speaking, the officers realized he was unresponsive, the video shows. The officers administered several doses of Narcan, the medication to reverse opioid overdoses, and administered CPR, the video shows. Tyson was taken to a hospital and later pronounced dead.

In August, Stark County Coroner’s Office Chief Investigator Harry Campbell ruled Tyson’s death a homicide, according to WOIO. The preliminary autopsy also listed contributing causes of acute intoxication by cocaine and alcohol and cardiopulmonary arrest, WOIO reported.

The police incident report on the death included sparse details, saying only, “Suspect crashed a vehicle, fled from officers, and resisted being placed into custody.”

The two officers initially were placed on administrative leave.

“I want to extend my deepest sympathy to those close to Mr. Tyson,” Canton Police Chief John Gabbard said at the time.

Tyson’s fiancée Sabrina Jones spoke to CNN’s Victor Blackwell in May about her emotions watching the bodycam footage. “I was hurt, devastated, angry, mad. I couldn’t believe what I was seeing. It was wrong, and I can’t get that video out of my mind,” she said.

The head of the local police union also provided a statement to the Canton Repository responding to the arrests.

“Our officers dedicate their lives to protecting this city and ensuring that every citizen feels safe, often at great personal risk and sacrifice,” Craig M. Riley, president of Fraternal Order of Police Ohio Labor Council Gold Unit said. “I empathize with the Tyson family and their grieving with the tragic demise of Frank Tyson. It always hurts to lose someone close to us, regardless of the circumstances.”

Further, Riley criticized officials for trying to “exploit” the officers as “political tools to boost re-election campaigns.”

“By twisting facts for political gain, they fail to address the true needs of our community and instead seek to vilify those sworn to protect it,” Riley told the outlet.

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CNN’s Hyan de Freitas contributed to this report.